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1.3 The TPMPD and Tukwila agree that the assignment of Tukwila's lease for the
<br />underlying real property upon which the Tukwila Pool is built will convey all
<br />the rights and obligations of Tukwila contained in the lease, and that the
<br />TPMPD shall assume all the rights and obligations of Tukwila, including the
<br />covenants, contained in the lease.
<br />1.4 The Property being conveyed includes the equipment and supplies that are
<br />necessary to operate and maintain the Tukwila Pool. Tukwila will leave such
<br />equipment and supplies on site, which equipment and supplies will include all
<br />furniture, lifeguard equipment, first aid supplies, specialty tools, operator
<br />manuals, as -built pool and remodel plans, phone system, lighting fixtures,
<br />miscellaneous pool equipment, building maintenance supplies, spare parts, and
<br />materials such as chlorine and filtration supplies for pool maintenance.
<br />2. Existing Restrictions, Agreements, Contracts or Permits. The TPMPD shall
<br />abide by and enforce all terms, conditions, reservations, restrictions and covenants of
<br />title at the time of conveyance and/or in the deed of conveyance.
<br />3. Condition of Premises and Responsibility for Operations, Maintenance,
<br />Repairs, Improvements, and Recreation Services.
<br />3.1 The TPMPD agrees to accept the Property in AS IS condition, and to assume
<br />full and complete responsibility for all operations, maintenance, repairs,
<br />improvements of, and provision of recreational services at the Property.
<br />3.2 Tukwila does not make and specifically disclaims any warranties, express or
<br />implied, including any warranty of merchantability or fitness for a particular
<br />purpose, with respect to the Property, and no official, employee, representative
<br />or agent of Tukwila is authorized otherwise.
<br />3.3 The TPMPD acknowledges and agrees that Tukwila shall have no liability for,
<br />and that the TPMPD shall release and have no recourse against Tukwila for,
<br />any defect or deficiency of any kind whatsoever in the Property without regard
<br />to whether such defect or deficiency was known or discoverable by the
<br />TPMPD or Tukwila.
<br />4. Indemnification and Hold Harmless.
<br />4.1 Tukwila shall indemnify and hold harmless the TPMPD and its elected
<br />officials, officers, agents or employees, or any of them, from and against any
<br />and all claims, actions, suits, liability, loss, costs, expenses and damages of any
<br />nature whatsoever, (i) which are caused by or result from a negligent action or
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